Bailey v. State

OPINION ON STATE’S PETITION FOR DISCRETIONARY REVIEW

MALONEY, Judge.

Appellant was convicted of delivery of a controlled substance and, upon a finding of true as to two enhancement allegations, the jury assessed punishment at sixty years confinement in the Institutional Division of the Texas Department of Criminal Justice. The Court of Appeals reversed. Bailey v. State, 848 S.W.2d 321 (Tex.App.—Houston [1st Dist.] 1993). We granted the State’s petition for discretionary review to consider whether the Court of Appeals erred in “holding that the appellant was egregiously harmed by a portion of…